The curious case of Julian Assange

Over the last few months there has been an enormous amount of material written in Australia and abroad about Julian Assange and the possible legal consequences that may flow from the publication of classified government material on his now famous WikiLeaks website. Similarly, and coinciding with this interest in WikiLeaks, there has been a huge amount of speculation in the media about his alleged sexual activities in Sweden earlier in the year and about the case being prepared by the Swedish public prosecution office in relation to a number of alleged sexual offences. This FlagPost entry will not draw upon such speculation or attempt to add to it. Rather, it will simply examine the ambit of Sweden’s sexual crimes legislation as it may apply to Assange.

New paper on revenue forecasting accuracy and the independence of forecasters

Thiess Buettner and Bjoern Kauder have released a paper in the September 2010 edition of the journal Fiscal Studies on government revenue forecasting practices and the consequences of forecasting performance. The object of analysis is the one-year ahead deviation of the forecast from the actual outcome, and various descriptive statistics. Revenue forecast errors for twelve OECD countries (including two competing institutions in the United States, the Congressional Budget Office which deals with the legislative branch of government, and the Office of Management and Budget, which is a part of the executive branch) are examined using panel data estimation techniques.

When is government paternalism justifiable?

A core assumption of liberal societies is that individuals are the best judge of their own interests and therefore are best placed to make choices about how to live their lives. But what if a choice—say, to take adictive drugs or to smoke—is likely to be detrimental to the person involved? Can governments be justified in interfering with individual choices in the interests of the person concerned? This question is examined in the new Parliamentary Library Research Paper, Paternalism in social policy—when is it justifiable? 

Department of Health's FOI release - challenges ahead for health reform

Various government departments have made publicly available incoming government briefs that have been released under Freedom of Information. Despite sections of the briefs having been blacked out they provide an insight into the workings of government and the advice provided to Ministers in the post-election environment. The Department of Health and Ageing’s (DoHA) incoming government brief provides an overview of the health system and arrangements for implementing health reforms begun during the previous parliament. The brief also lists key decisions for the Minister to make in the first four months.

Islamic finance

In October 2010, the Board of Taxation published a discussion paper on the Review of the Taxation Treatment of Islamic Finance. This discussion paper was in response to the Australian Financial Centre Forum (AFCF) which recommended in its November 2009 report that the impediments to Islamic finance in Australia be considered by the Board of Taxation. The AFCF was established in September 2008 by the then Assistant Treasurer to discuss options for positioning Australia as a leading financial services centre. This post presents some of the key characteristics of Islamic finance and the opportunities for reform in Australia.

Perceptions of Australia's health care system

Perceptions of the health care system are difficult to measure and there is very little comprehensive information about how Australians perceive the heath care system. The Menzies Centre for Health Policy and the Nous group recently completed a survey (Menzies-Nous 2010 survey) on Australians' attitudes to the health care system. This is a repeat of the survey completed in 2008, on which the 2010 survey was based.

Market concentration in the banking sector - household loans

Recently, there has been considerable concern amongst politicians, the media and the broader community regarding competition in the Australian banking sector. Specifically, concerns have been raised regarding banks increasing certain lending rates over and above rises in the RBA’s official cash rate, particularly for housing loans. This observation has led to a debate about collusion and ‘price-signalling’ within the banking sector. This post examines data from the Australian Prudential Regulation Authority (APRA) and the Reserve Bank of Australia (RBA) on market shares and concentration in the household lending sector to see whether there has been any increase in the capabilities of financial institutions to use market power to their advantage.

Sitting days for 2011

The sitting pattern for the House of Representatives was issued on 22 November 2010. In 2011 the House is scheduled to sit for 68 days (or 71 if required). The mean number of sitting days since 1996, in non-election years, is 70.5 days.

Constitutional recognition of Indigenous people

During the course of the election campaign both major parties made announcements about constitutional recognition of Indigenous people. The Coalition promised to hold a referendum at the 2013 election on the wording of a preamble in the Constitution to recognise Indigenous Australians, and the ALP promised to set up an expert panel to build support for the constitutional recognition of Indigenous people.  

Opposition Youth Allowance bill referred to committee

A Private Member's Bill, introduced by Senator Fiona Nash, seeking to make it easier for students in inner regional areas to qualify for Independent Youth Allowance has been referred to the Senate Education, Employment and Workplace Relations Committee for inquiry and report by 15 February 2011. The purpose of the bill, the Social Security Amendment (Income Support for Regional Students) Bill 2010, is to require that the eligibility criteria for students on Independent Youth Allowance from very remote, remote and outer regional areas be extended to include inner regional students.

Background to this issue can be found in a recent post on Senator Nash's Bill and a related House of Representatives motion introduced by Opposition Whip, Nola Marino (and passed by 74 votes to 70).

High Court ruling on the offshore processing of asylum claims

On 11 November 2010 the High Court delivered its much anticipated judgment in the cases of Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia [2010] HCA 41. The plaintiffs were asylum seekers intercepted and initially detained on Christmas Island. Although subsection 46A(1) of the Migration Act bars visa applications by such asylum seekers (known as ‘offshore entry persons’ under the Migration Act), the Minister for Immigration and Citizenship has the personal discretion to lift the bar under that provision, or to grant a visa under section 195A, if in the public interest. However, neither section imposes a duty on the Minister to consider exercising the discretion.

Private health insurance premium increases

The private health insurance sector has begun its annual process of negotiating premium increases with the federal government. To most, the process of—and indeed the need for—negotiating premium prices with government is a little mysterious. A Background Note prepared by the Parliamentary Library provides an overview of the current process for seeking premium increases. Under the Private Health Insurance Act 2007, private health insurance funds must seek the Minister for Health and Ageing’s approval for all premium increases; and the Minister must publicly disclose reasons for not approving an increase.

Independent review of aid effectiveness

On 16 November 2010, Foreign Minister Kevin Rudd announced an ‘Independent Review of Aid Effectiveness’ which will examine the effectiveness, efficiency and strategic direction of Australia’s aid program ‘in line with Australia’s national interests’.  It is expected to be completed by April 2011 and will be the first major review of the program since the Simons Review commissioned by the Howard Government in 1996.

Australian Government funding for schools

A recently published Background Note from the Parliamentary Library shows that Australian Government funding for schools will increase in real terms (in 2008–09 dollars) from $6.9 billion in 1999–00 to $11.5 billion in 2011–12. This means that funding for government schools will increase from $2.8 billion to $4.4 billion and, for non-government schools, from $4.2 billion to $7.1 billion.

Attitudes to same-sex marriage

The Federal Parliament is currently debating a motion on same-sex relationships moved by Adam Bandt—the recently elected Australian Greens party member for the seat of Melbourne. The motion notes there is ‘widespread support for equal marriage in the Australian community’ and calls on ‘all parliamentarians to gauge their constituents’ views on the issue of marriage equality’. As a result of this and other related debate, there is currently great interest in what public opinion polls may be able to tell us regarding changing attitudes towards same-sex marriage.

Australian report on Bisphenol A

Food Standards Australia New Zealand (FSANZ) has released its report on Bisphenol A (BPA) in food packaging and the risks to consumers. The compound BPA has a controversial history. It is suspected of being an endocrine disruptor (a chemical that mimics some of the natural hormones of the human body). It can also be directly toxic at high enough doses. More recent studies have found a range of other possible adverse effects from BPA, but this research is still preliminary and subject to confirmation.

Conscience votes in the federal Parliament

On 29 September 2010 the Leader of the Australian Greens, Senator Bob Brown, introduced the Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2010 into the Senate. All political parties have granted their senators and members a conscience vote on this legislation. This is the first conscience vote in the federal parliament since the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Bill was debated in 2006.

Opposition seeks changes to eligibility for Youth Allowance for inner regional students

The House of Representatives has passed by 74 votes to 70 a motion by Opposition whip Nola Marino ‘requiring’ the Government to introduce legislation that would make it easier for students in inner regional areas to qualify for independent Youth Allowance. Meanwhile, in the Senate, National Party Senator, Fiona Nash, has introduced a private members bill that seeks to introduce a measure along the same lines as that proposed in Ms Marino’s motion.

This issue has its origins in substantial changes to student assistance that the Rudd-Gillard Government introduced through the Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009.

10th anniversary of the landmark UN convention on Women, Peace and Security

October 2010 marks two important anniversaries for the United Nations (UN)—the 65th anniversary of the UN’s establishment (24 October), and the 10th anniversary of a landmark UN Security Council Resolution (SCR 1325) on Women, Peace and Security (31 October). Australia’s priorities and actions towards implementing and promoting SCR 1325 are outlined below.

Parliamentary Library Vital Issues Seminar—Australia’s role and commitment in Afghanistan

This seminar, held on 20 October 2010, featured distinguished speakers Major General Jim Molan AO DSC and Mr Geoffrey Barker who provided contrasting perspectives on Australia’s continued involvement in Afghanistan. The seminar was chaired by Senator Russell Trood.

Child protection income management in the Northern Territory

The Gillard Government recently announced that child protection income management was being rolled out in the Northern Territory (NT). Under this program, child protection workers in the NT will be able to refer parents to Centrelink for compulsory income management when children are being neglected or are at risk of neglect.

The future of multiculturalism

Recent events in Europe have called into question the future of multiculturalism as a policy approach in increasingly diverse societies. In Australia, public debate in relation to migrants has, more recently, been focused on issues relating to population growth and asylum seekers but there have been calls for a greater articulation of the Government’s approach to multiculturalism and the issues faced by marginalised groups in the community. A new Parliamentary Library Research Paper examines the history of multiculturalism in Australia and offers context to debates in Australia and overseas.

Seeking asylum from Afghanistan

What is the situation globally? Afghanistan has been the leading country of origin of refugees for the past three decades with up to 6.4 million of its citizens having sought international protection during peak years. At the end of 2009, there were more than 2.9 million Afghan refugees and one out of four refugees in the world was from Afghanistan. In total there were over 3.6 million people of concern to the UNHCR for Afghanistan at the end of 2009. (See the UNHCR's 2009 Global Trends and Global Report 2009–Afghanistan for more details on the humanitarian situation in Afghanistan.)

Building the Education Revolution – Private Member’s Bill

The Opposition has introduced a Private Member’s Bill to establish a judicial Commission of Inquiry into the Building the Education Revolution (BER). The Bill is the result of ongoing complaints and concerns about the BER’s administration and implementation. It also comes amidst a number of other BER inquiries and reports into various aspects of the BER’s operation, the chief focus of which has been the Primary Schools for the 21st Century (P21) element of the BER. If the Bill is passed, the Commission of Inquiry would become the fifth BER inquiry or report at the national level.

Developments in refugee law and policy 2007-10 Labor's first term in office

One of the first things the newly elected Labor Government did upon taking office in 2007 was to stop processing asylum claims in the small Pacific Island State of Nauru—which the then Minister described as a 'shameful and wasteful chapter in Australia's immigration history'.

However, in retaining the former Coalition Government's excision policy (which removes the right of asylum seekers to apply for a visa) and use of its purpose built immigration reception and processing centre on Christmas Island, the Government attracted criticism from refugee advocacy groups and academics alike—Adjunct Professor Michael White being of the view that Labor's new approach 'did not fundamentally alter Australia's previous immigration policy and many features of the Pacific Solution remained'.

Anti-Poverty Week

This week (from 17 to 23 October 2010) is anti-poverty week. The following information provides Members and Senators with a brief overview of the situation with regard to poverty in Australia.

Australia's involvement in Afghanistan - frequently asked questions

On 12 October 2010, the Prime Minister, Julia Gillard, announced that the Parliament of Australia would debate Australia’s involvement in Afghanistan. The Prime Minister’s media release said ‘she believed it was important that all Australians understood the critical mission in Afghanistan’ and that the debate ‘will provide an opportunity to fully explain the Government's ongoing support for the current International Security Assistance Force mission in Afghanistan’.

The following information has been compiled to assist Members and Senators as they prepare for the debate.

Australia joins the Asia-Europe Meeting

In what was Prime Minister Julia Gillard's first international key leaders' meeting, Australia became a member of the Asia-Europe Meeting (ASEM) on 4-5 October, fourteen years since ASEM's inauguration. The Russian Federation and New Zealand also joined the biennial 8th ASEM Summit (ASEM8) at Head of State and Government level, which was conducted under the auspices of the Belgian Presidency of the European Union (EU). A key theme of the gathering was reform of the international economic institutions towards more effective global economic governance.

Electric hot water systems being phased out

From this year, the Commonwealth Government has begun a two-stage phase-out of electric hot water systems. Australian Bureau of Statistics figures from March 2008 show that 'electricity was the primary source throughout Australia for household cooking and for hot water systems'. In fact, the http://www.yourhome.gov.au/ website advises that 'water heating accounts for 25 per cent of the energy used in an average home and is responsible for 23 per cent of the total greenhouse gas emissions from home energy use'.

Government losing a vote on the floor of the House

The House of Representatives Practice, states, on p. 318:

“It has been claimed that the loss of control of the business of the House is a matter over which Governments should resign ... During 1962 and 1963, when the Menzies Government had a floor majority of one, it suffered a number of defeats and, although it did not resign, its precarious majority was a factor which led to the early dissolution of the House.“

The votes lost by the Government in 1962 were:
• A closure motion on 21 August 1962 (Votes and Proceedings, p. 194)
• A closure motion on 3 October 1962 (Votes and Proceedings, p. 217)
• Opposition’s dissent from Chairman’s ruling on 27 November 1962 (Votes and Proceedings, p. 307-8)
• An Opposition amendment to the Repatriation (Special Overseas
Service) Bill 1962 on 5 December 1962 (Votes and Proceedings, p. 348-9)

In addition, five votes were lost by the newly-commissioned caretaker government on 11 November 1975. These were motions to adjourn, to suspend standing orders, to close the debate (twice) and a want of confidence motion moved by former Prime Minister Whitlam.

The House of Representatives Practice, provides further information on want of confidence and censure motions.

Where is the US on climate legislation?

Climate politics is difficult in the US. There is currently a stalemate in Congress, and little prospect of moving forward. Under the Copenhagen Accord, the US has put forward a commitment…

In the range of 17%, in conformity with anticipated U.S. energy and climate legislation...The pathway set forth in pending legislation would entail a 30% reduction in 2025 and a 42% reduction in 2030, in line with the goal to reduce emissions 83% by 2050. [US submission to the United Nations Framework Convention on Climate Change, 28 January 2010]

There is currently no Federal legislation to support any such commitment.

Key Issues for the 43rd Parliament

The federal election of 2010 produced the first hung parliament since 1940. The Gillard Labor Government retained power by the smallest possible majority with the support of three independents and the Australian Greens. To secure a governing coalition, the Australian Labor Party committed to a series of wide-ranging parliamentary reforms with the Australian Greens and the Coalition including new procedures for Question Time in the House of Representatives, enhancing the authority of the Speaker, strengthening the role of committees, increasing the prominence of private members’ business and establishing a Parliamentary Budget Office and Parliamentary Integrity Commissioner.

Members of Parliament salary

On 24 August 2010 the Remuneration Tribunal released a Statement on its 2010 Review of Remuneration for Holders of Public Office. Holders of Public Office include, among others, Senators and Members of the Federal Parliament. The Tribunal announced that it had ‘determined an adjustment of 4.1% to the remuneration of public offices in its jurisdiction with effect from 1 August 2010’.

The future of public housing in Australia

The Australian Institute of Health and Welfare (AIHW) has just released a significant report on public housing in Australia. The report provides an extensive profile of public housing delivered under the last Commonwealth State Housing Agreement and the first six months of the National Affordable Housing Agreement (NAHA), which commenced on 1 January 2009. This report closely follows the release of an Australian Housing and Urban Research Institute (AHURI) publication that critically analyses the future of public housing in Australia.

The role of preventative health in improving the health of Australians

Preventative health, with its longer term population-based strategies to promote wellness and prevent disease, is often overlooked by both policy makers and a public more focused on personalised primary care and hospital services. This is reflected in the level of expenditure on preventative health activities in Australia—just 2 per cent of total health expenditure. Yet, approximately 32 per cent of Australia’s total burden of disease can be attributed to modifiable risk factors that include smoking, alcohol abuse, physical inactivity, high blood pressure and blood cholesterol, low consumption of fruits and vegetables and overweight and obesity. It is now widely recognised that in order to stem the growth of chronic diseases, the major risk factors that contribute to them must be addressed.

Managing asylum flows

Irregular arrivals—what is the solution?
Over the last decade, the immigration debate in Australia has been largely overshadowed by the issue of asylum seekers arriving by boat (irregular arrivals). The issue took centre stage in the 2001 federal election when former Prime Minister John Howard asserted ‘we’ll decide who comes to this country and the circumstances under which they’ll come’. A widespread perception in the community that Australia is being swamped by undocumented asylum seekers continues to strongly influence government policy (see our publications Asylum seekers and refugees: what are the facts? and Boat arrivals in Australia since 1976 for more on this). Successive governments have been under constant pressure to adopt effective measures to address border security and combat people smuggling. This continues to be an emotive and divisive election issue, the 2010 federal election being no exception.

Sydney's Medically Supervised Injecting Centre

After around ten years of operating on a trial basis, the New South Wales Government has indicated that it intends to make Sydney’s Medically Supervised Injecting Centre (MSIC) a permanent facility. Despite the MSIC’s success in saving lives and reducing the incidence of infectious disease, the NSW Government has until now chosen not to grant it a more permanent status. This has been despite ongoing calls from medical experts and the Centre’s operator, Uniting Care, to lift the trial period and make the centre permanent.

National disability insurance and the new parliament

Australia’s hung parliament has raised questions about the future of large-scale economic reforms such as emissions trading, the mining tax and national broadband. One significant potential reform in the social policy area over which there may also be uncertainty is national disability insurance.

In recent years, there have been increasing calls from within the disability sector in Australia for the introduction of a new, national, long-term mechanism for funding support for people with disability—known as national disability insurance.

Dental care—holes to be filled

Calls for urgent action on dental care have been a feature of public debate in recent years and were raised yet again in the context of the recent Federal election. The issue remains high on the agenda, as evidenced by the recent agreement between the Greens and Labor which included a commitment to improving investments in dental care.

Iran's first nuclear power plant: a proliferation threat?

On 21 August 2010, Russian engineers began loading fuel into the Bushehr nuclear reactor in southern Iran. Once the start-up is complete, Bushehr will be the first operational nuclear power plant in the Middle East.

Seeking asylum: Australia's humanitarian response to a global challenge

Australia currently accepts about 13 750 refugees and other humanitarian entrants each year, but there remains a great deal of confusion surrounding the details of Australia's humanitarian responses and the complex visa arrangements involved. This new Parliamentary Library Background Note, Seeking asylum: Australia's humanitarian response to a global challenge, aims to clarify some of these issues. It looks at the differences between the offshore and onshore components of Australia's Humanitarian Program and includes some useful statistics dating back to 1945. Other related papers published recently include: Asylum seekers and refugees: what are the facts?; Australian Government assistance to refugees: fact v fiction; and Boat arrivals in Australia since 1976.
(Image sourced from Multicultural Arts Victoria, Refugee and Asylum Seekers Festival, 2005)

Making sense of migration statistics

Many statistics on both permanent and temporary migration are often used incorrectly and add to the confusion and misinformation regarding migration levels and population growth. This new Background Note, Migration to Australia since federation: a guide to the statistics, offers an easy entry-point to the relevant data on migration flows to Australia. The guide also offers background information on Australia's migration programs and on the reliability and use of different statistical sources.

Senate majority

Between 1910 and 1949, the government party controlled both houses for most years. If a government controls both houses of parliament it is likely to have unfettered power to push its legislation through the upper house. In the years since the 1949 election it has been more usual that neither major party has had an absolute majority. In fact, since 1949 the only periods of a government majority in the Senate have been 1951–6, 1959–62, 1975–81 and 2005 to 2007. In the periods when the government has not had control of the upper house the Senate is often accused of being 'obstructionist'.

Early election

The House of Representatives that is emerging from the 2010 election, and the fact that the next government will be a minority government, raises the spectre of the electorate going to the polls well before the next federal election would otherwise be expected. If an election takes place prior to mid-2013 it will only be for the House of Representatives and the territory senators; the rest of the Senate will not be in play unless there is a double dissolution.

Asia and the Australia-US alliance

What challenges lie in wait for Australia-US relations in the aftermath of the federal election? Although the alliance relationship has been historically close, the Asia-Pacific region is one issue over which Australia and the US appear to have divergent approaches.

Addressing poorer health in rural areas

During the election campaign, the National Rural Health Alliance released its Election Charter 2010. The metropolitan media paid little attention to this document and its proposed 10 key priorities to address rural health problems. Top of the list was the priority to improve the sustainability of rural communities; other top priorities included equity in funding, improvements to primary care services, workforce development and improving the health of Aboriginal and Torres Strait islander peoples. With some of the rurally based Independent MPs reportedly citing health services in the bush as a priority, the issue of rural health services may gain national prominence.

Coastal properties feel climate change price signal

The NSW Valuer-General has announced a significant cut in the valuation of beachfront properties at Belongil Beach on the Northern NSW coast. Although this will only affect the the calculation of rates and levy land tax, it sends a signal to those living in these areas and their insurers. This assessment by the Valuer-General comes after the release of the NSW coastal planning guidelines, which states that

Hung Parliament

The last hung Federal Parliament occurred after the election on 21 September 1940 when Labor and the Coalition of the United Australia Party and the Country Party emerged with 36 seats each in the House of Representatives. The balance of power resided with two independents, Alex Wilson and Arthur Coles, who supported the Coalition and thus enabled the Menzies Government to remain in office (it was sworn in on 28 October). The independents' support lasted until late 1941 when they voted against the budget of the now Fadden-led Coalition Government, leading to the resignation of Fadden and the commissioning of the Curtin Labor Government on 7 October 1941.

The major parties and ‘corrosive’ welfare

Where do the major parties stand on welfare policy? In what direction can we expect welfare policy to be taken throughout the course of the next parliament? One thing clear from the election policy announcements of the major parties is that there is likely to be a further strong emphasis on addressing what each describes as the ‘corrosive’ effects of welfare.

Carbon Farming Initiative to fill a policy gap

The Government has announced that if re-elected it will introduce a new regime for landholders, the Carbon Farming Initiative. This will encourage farmers to either minimise carbon emissions or maximise carbon sequestration by altering their forestry and agricultural practices. The initiative would fill the policy gap that has existed since the termination of the Greenhouse Friendly scheme in July 2010.

Parliamentary Budget Offices

According to research conducted by the Organisation for Economic Co-operation and Development (OECD) there has been a growing trend towards greater involvement of national legislatures in budgetary matters in order to increase transparency and accountability of budget processes. The OECD's 2007 project, the International Budget Practices and Procedures database, indicated that out of the 97 countries surveyed, 29 countries had a specialised budget research office and 61 did not. In particular, the survey found that more than half of all the countries included in the study had a larger budgetary role than they had a decade earlier.

NATO at the crossroads: where do Australian interests lie?

Do Australia and NATO have common interests? Given the geographic divide, this might not be an obvious issue, but it was perhaps the central question emerging from a public lecture delivered on 2 August 2010 at the Australian National University by the Chairman of the North Atlantic Treaty Organization’s (NATO) Military Committee, Admiral Giampaolo di Paola. The Chairman emphasised the growing political dimension of the alliance, which finds itself at a strategic crossroads.

Australian Government assistance to refugees

Despite claims made in a series of emails that have been widely circulated throughout Australia, refugees are not entitled to higher benefits than other social security recipients. In recent years, a series of emails have been widely circulated throughout Australia claiming to describe the social security entitlements of refugees, compared with those of other Australian residents.

Indigenous Members of Parliament

The contest for the Western Australia seat of Hasluck is unusual in that three of the seven candidates are Aboriginal Australians: Dot Henry (Independent), Glenice Smith (Greens) and Ken Wyatt (Liberal).

The Liberal candidate Ken Wyatt (pictured opposite) needs a swing of 1 per cent to win the seat from Labor member Sharryn Jackson and become the first Indigenous Member of the House of Representatives.

Building the Education Revolution

The Building the Education Revolution (BER) Implementation Taskforce today released its interim report, finding that while quality infrastructure has been delivered within the required timeframes, project costs in some areas have been substantially higher than would have been the case before the BER.